09-07-2016 - Laserfiche WebLink

Home Browse Search

Planning Case VR2016-04 September 7, 2016 Page 2 Analysis City Code, Title 1100, Chapter 1104, Section 1104.01, Subdivision 3(a): Yard Requirements; Where principal buildings in existence on lots within the same block on the same side of the street have front yard setbacks different from those required, the minimum front yard setback for any new principal buildings shall be the minimum front yard setback in existence for any one lot. In no case shall the front yard setback be less than thirty feet (309. For purposes of this subsection a, a block shall be defined as that group of lots lying along a street between the two closest intersecting streets, except that where the length of the street frontage between the two intersecting streets is greater than fourteen hundred feet (1, 400), the block shall be the lots within six hundred and fifty feet (650) on either side of the lot in question, or to an intersecting street whichever is less. Homes on this side of the street are set back between about 54' and 60'. The adjacent home (7800 Eastwood Rd) is set back 59'. If the Variance were approved, the proposed home may look inconsistent because of the shallower front yard, but the 30' front yard setback would be consistent with minimum requirements elsewhere in the R-1 District. City Code, Title 1100, Chapter 1125, Section 1125.02, Subdivision 2 includes the seven criteria for granting Variances. A Variance may be granted only in the event that all of the following circumstances exist: a. The variance is in harmony with the general purposes and intent of this Title. b. The variance is consistent with the comprehensive plan. c. The applicant proposes to use the property in a reasonable manner not permitted by this Title or the City Code. d. Unique circumstances apply to the property which do not apply to other properties in the same zone or vicinity and result from lot size or shape, topography or other circumstances over which the owner of the property since the enactment of this Title has had no control. The unique circumstances do not result from the actions of the applicant. e. The variance does not alter the essential character of the neighborhood.